Loken to step down as 8th Circuit chief 
The chief judge who organized the 8th U.S. Circuit Court of Appeals response to a watershed sentencing guideline decision is stepping down from his leadership position.
Judge James B. Loken will step down as chief judge after completing his seven-year term at the end of the month. He will remain on the bench.
Judge William Jay Riley [...]
Loken to step down as 8th Circuit chief
The chief judge who organized the 8th U.S. Circuit Court of Appeals’ response to a watershed sentencing guideline decision is stepping down from his leadership position.
Labor: Tort Claim – LMRA - Preemption
Holschen v. International Union of Painters & Allied Trades (MLW No. 60353/Case No. 09-1122 - 19 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Where a former labor organizer who was disciplined by his union following a dispute with another union member brought an action against the union alleging violations of the Labor Management Reporting [...]
ERISA: Denial Of Benefits - Long-Term Disability - Discounted Evidence
Darvell v. Life Insurance Company of North America (MLW No. 60359/Case No. 09-1058 - 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Where medical evidence conflicted as to whether a claimant of long-term disability benefits was disabled, the claimant’s plan administrator properly discounted medical evidence that was not supported by objective evidence of testing, [...]
Criminal Law: Speedy Trial Act - Continuance
U.S. v. Rector (MLW No. 60350/Case No. 09-1190 - 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Where a criminal defendant argued that the district court violated the Speedy Trial Act by failing to bring him to trial within 70 days of his arraignment, the judgment is affirmed because the district court properly excluded [...]
Criminal Law: Sex Offender - Registration - Prior Conviction
U.S. v. Myers (MLW No. 60351/Case No. 09-1621 - 6 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Where a defendant who pleaded guilty to failing to register as a sex offender challenged the calculation of his base offense level and criminal history category for sentencing purposes, even if double-counting occurred in this case, it [...]
Criminal Law: Sentencing - Prior Conviction - Identification
U.S. v. Boaz (MLW No. 60352/Case No. 09-2591 - 3 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Where the government presented evidence including the name, height, weight, age and tattoos, which identified a defendant as the person named in a prior conviction, the records were sufficient to connect the defendant to the earlier conviction [...]
Criminal Law: Sentencing - Guilty Plea - Motion To Withdraw
U.S. v. Akens (MLW No. 60356/Case No. 09-1695 - 8 pages) (U.S. Court of Appeals, 8th Circuit)
Where a defendant who pleaded guilty to drug and weapon charges sought to withdraw his plea, neither of the defendant’s reasons for withdrawing his plea were “fair and just” because the defendant’s state conviction was a sufficient predicate for [...]
Criminal Law: Sentencing - Child Pornography - Enhancements
U.S. v. Shuler; U.S. v. Fiorella (MLW No. 60355/Case No. 08-3194/09-1482 - 8 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.)
Where a defendant in a child pornography case objected to a four-level enhancement for sadistic or masochistic images because the pornography he produced was not sadistic or violent although he did possess such images, [...]
Criminal Law: Sentencing - Child Pornography - Distribution Enhancement
U.S. v. Dodd (MLW No. 60357/Case No. 09-1946 - 7 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.)
Where a defendant in a child pornography case placed files in a file-sharing program, a sentencing enhancement for distribution was appropriate, and an enhancement for sadistic or violent material was also proper based on a video of [...]